Courts / Galway / Report

Date set for State's bid to halt challenge to alleged secret agreement with RAF

Date
2023-06-09

Stage
Hearing Or Decision

Primary locality
Craughwell

County
Galway

Summary

The High Court has set a date for the State's bid to halt a constitutional challenge brought by Independent Senator Gerard Craughwell. The applicant alleges an unlawful and unconstitutional 'secret arrangement' exists between Ireland and Great Britain, permitting the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this purported agreement, allegedly introduced following the 2001 attacks, was never approved by the Dáil or the Irish people via referendum, rendering it fundamentally incompatible with the Constitution. The Government and the State, which do not confirm or deny the existence of the alleged agreement, have filed a defence denying any improper or unconstitutional conduct. Before Mr Justice Brian O'Moore, the judge fixed two days in early October for a hearing on a preliminary issue raised by the State. The respondents argue the claims are not justiciable, submitting that courts cannot review matters of external security falling within executive power, as disclosure could endanger State security and international relations. Should the State succeed in this pre-trial application, Senator Craughwell's case will fall. His legal team is opposing the motion. The senator seeks declarations that the alleged agreement breaches the Constitution and that the Government's failure to control airspace violates Article 5. He also seeks an order restraining the government from legislating to give effect to the agreement without a referendum. The matter is currently at the hearing or decision stage regarding this preliminary application.